Legal Question in Employment Law in California

We have an employee who is paid a flat rate (of $400 a week) IF he doesn't make more than that in billable hours. (We're in the automotive repair industry and he is a mechanic.)

When we pay him vacation/holiday pay, which rate should we use as a basis? The lower flat rate or an average of the higher billable hours?


Asked on 3/19/11, 6:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Such benefits would normally be based upon his base pay.

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Answered on 3/21/11, 9:11 am


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